July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5439 

But it will help this small town in 

northeast Oregon add to its many attractions, natural and other, and tell 

this unique history about this special 

logging community that existed just 

north of Wallowa. 

So I thank my colleagues on both 

sides of the aisle for once again, in a 

spirit of bipartisanship, actually solving some problems around here that 

matter to people back home. 

Mr. SABLAN. Mr. Speaker, we have 

no objection to S. 271, and I have no 

further speakers. 

I yield back the balance of my time. 

Mr. LAMBORN. I, too, yield back the 

balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Colorado (Mr. 

LAMBORN) that the House suspend the 

rules and pass the bill, S. 271. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. LAMBORN. Mr. Speaker, I object 

to the vote on the ground that a 

quorum is not present and make the 

point of order that a quorum is not 

present. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

The point of no quorum is considered 

withdrawn. 

f 

AUTHORIZING ADDITIONAL SANCTIONS WITH RESPECT TO IRAN— 

MESSAGE FROM THE PRESIDENT 

OF THE UNITED STATES (H. DOC. 

NO. 112–128) 

The SPEAKER pro tempore laid before the House the following message 

from the President of the United 

States; which was read and, together 

with the accompanying papers, referred 

to the Committee on Foreign Affairs 

and ordered to be printed: 

To the Congrses of the United States: 

Pursuant to the International Emergency Economic Powers Act (50 U.S.C. 

1701 et seq.) (IEEPA), I hereby report 

that I have issued an Executive Order 

(the ‘‘order’’) that takes additional 

steps with respect to the national 

emergency declared in Executive Order 

12957 of March 15, 1995. 

In Executive Order 12957, the President found that the actions and policies of the Government of Iran threaten the national security, foreign policy, and economy of the United States. 

To deal with that threat, the President 

in Executive Order 12957 declared a national emergency and imposed prohibitions on certain transactions with respect to the development of Iranian petroleum resources. To further respond 

to that threat, Executive Order 12959 of 

May 6, 1995, imposed comprehensive 

trade and financial sanctions on Iran. 

Executive Order 13059 of August 19, 

1997, consolidated and clarified the previous orders. To take additional steps 

with respect to the national emergency 

declared in Executive Order 12957 and 

to implement section 105(a) of the 

Comprehensive Iran Sanctions, Accountability, and Divestment Act of 

2010 (Public Law 111–195) (22 U.S.C. 8501 

et seq.) (CISADA), I issued Executive 

Order 13553 on September 28, 2010, to 

impose sanctions on officials of the 

Government of Iran and other persons 

acting on behalf of the Government of 

Iran determined to be responsible for 

or complicit in certain serious human 

rights abuses. To take further additional steps with respect to the threat 

posed by Iran and to provide implementing authority for a number of the 

sanctions set forth in the Iran Sanctions Act of 1996 (Public Law 104–172) 

(50 U.S.C. 1701 note) (ISA), as amended 

by CISADA, I issued Executive Order 

13574 on May 23, 2011, to authorize the 

Secretary of the Treasury to implement certain sanctions imposed by the 

Secretary of State pursuant to ISA, as 

amended by CISADA. I also issued Executive Order 13590 on November 20, 

2011, to take additional steps with respect to this emergency by authorizing 

the Secretary of State to impose sanctions on persons providing certain 

goods, services, technology, or support 

that contribute either to Iran’s development of petroleum resources or to 

Iran’s production of petrochemicals, 

and to authorize the Secretary of the 

Treasury to implement some of those 

sanctions. On February 5, 2012, in order 

to take further additional steps pursuant to this emergency, and to implement section 1245(c) of the National 

Defense Authorization Act for Fiscal 

Year 2012 (Public Law 112–81), I issued 

Executive Order 13599 blocking the 

property of the Government of Iran, all 

Iranian financial institutions, and persons determined to be owned or controlled by, or acting for or on behalf of, 

such parties. Most recently, on April 

22, 2012, and May 1, 2012, I issued Executive Orders 13606 and 13608, respectively. Executive Orders 13606 and 13608 

each take additional steps with respect 

to various emergencies, including the 

emergency declared in Executive Order 

12957 concerning Iran, to address the 

use of computer and information technology to commit serious human rights 

abuses and efforts by foreign persons to 

evade sanctions. 

The order takes additional steps with 

respect to the national emergency declared in Executive Order 12957, particularly in light of the Government of 

Iran’s use of revenues from petroleum, 

petroleum products, and petrochemicals for illicit purposes; Iran’s continued attempts to evade international 

sanctions through deceptive practices; 

and the unacceptable risk posed to the 

international financial system by 

Iran’s activities. Subject to certain exceptions and conditions, the order authorizes the Secretary of the Treasury 

and the Secretary of State, as set forth 

in the order, to impose sanctions on 

persons as described in the order, all as 

more fully described below. 

Section 1 of the order authorizes the 

Secretary of the Treasury, in consultation with the Secretary of State, to impose financial sanctions on foreign financial institutions determined to 

have knowingly conducted or facilitated certain significant financial 

transactions with the National Iranian 

Oil Company (NIOC) or Naftiran Intertrade Company (NICO), or for the purchase or acquisition of petroleum, petroleum products, or petrochemical 

products from Iran. 

Section 2 of the order authorizes the 

Secretary of State, in consultation 

with the Secretary of the Treasury, the 

Secretary of Commerce, and the United 

States Trade Representative, and with 

the President of the Export-Import 

Bank, the Chairman of the Board of 

Governors of the Federal Reserve System, and other agencies and officials as 

appropriate, to impose any of a number 

of sanctions on a person upon determining that the person: 

knowingly engaged in a significant 

transaction for the purchase or acquisition of petroleum, petroleum products, 

or petrochemical products from Iran; 

is a successor entity to a person determined to meet the criterion above; 

owns or controls a person determined 

to meet the criterion above, and had 

knowledge that the person engaged in 

the activities referred to therein; or 

is owned or controlled by, or under 

common ownership or control with, a 

person determined to meet the criterion above, and knowingly participated in the activities referred to 

therein. 

Sections 3 and 4 of the order provide 

that, for persons determined to meet 

any of the criteria specified in section 

2 of the order, the heads of the relevant 

agencies, in consultation with the Secretary of State, shall implement the 

sanctions imposed by the Secretary of 

State. The sanctions provided for in 

sections 3 and 4 of the order include the 

following actions: 

the Board of Directors of the ExportImport Bank shall deny approval of the 

issuance of any guarantee, insurance, 

extension of credit, or participation in 

an extension of credit in connection 

with the export of any goods or services to the sanctioned person; 

agencies shall not issue any specific 

license or grant any other specific permission or authority under any statute 

that requires the prior review and approval of the United States Government as a condition for the export or 

reexport of goods or technology to the 

sanctioned person; 

for a sanctioned person that is a financial institution: the Chairman of 

the Board of Governors of the Federal 

Reserve System and the President of 

the Federal Reserve Bank of New York 

shall take such actions as they deem 

appropriate, including denying designation, or terminating the continuation of any prior designation of, the 

sanctioned person as a primary dealer 

in United States Government debt instruments; or agencies shall prevent 

the sanctioned person from serving as 


smartinez on DSK6TPTVN1PROD with HOUSE
H5440 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

an agent of the United States Government or serving as a repository for 

United States Government funds; 

agencies shall not procure, or enter 

into a contract for the procurement of, 

any goods or services from the sanctioned person; 

the Secretary of the Treasury shall 

take actions where necessary to: 

prohibit any United States financial 

institution from making loans or providing credits to the sanctioned person 

totaling more than $10,000,000 in any 12- 

month period unless such person is engaged in activities to relieve human 

suffering and the loans or credits are 

provided for such activities; 

prohibit any transactions in foreign 

exchange that are subject to the jurisdiction of the United States and in 

which the sanctioned person has any 

interest; o prohibit any transfers of 

credit or payments between financial 

institutions or by, through, or to any 

financial institution, to the extent 

that such transfers or payments are 

subject to the jurisdiction of the 

United States and involve any interest 

of the sanctioned person; 

block all property and interests in 

property that are in the United States, 

that come within the United States, or 

that are or come within the possession 

or control of any United States person, 

including any foreign branch, of the 

sanctioned person, and provide that 

such property and interests in property 

may not be transferred, paid, exported, 

withdrawn, or otherwise dealt in; or 

restrict or prohibit imports of goods, 

technology, or services, directly or indirectly, into the United States from 

the sanctioned person. 

Section 5 of the order authorizes the 

Secretary of the Treasury, in consultation with the Secretary of State, to 

block all property and interests in 

property that are in the United States, 

that come within the United States, or 

that are or come within the possession 

or control of any United States person, 

including any foreign branch, of any 

person upon determining that the person has materially assisted, sponsored, 

or provided financial, material, or 

technological support for, or goods or 

services in support of, NIOC, NICO, or 

the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes 

or precious metals by the Government 

of Iran. 

I have delegated to the Secretary of 

the Treasury the authority, in consultation with the Secretary of State, 

to take such actions, including the promulgation of rules and regulations, and 

to employ all powers granted to the 

President by IEEPA, as may be necessary to carry out the purposes of sections 1, 4, and 5 of the order. 

The order was effective at 12:01 a.m. 

eastern daylight time on July 31, 2012. 

All agencies of the United States Government are directed to take all appropriate measures within their authority 

to carry out the provisions of the 

order. 

I am enclosing a copy of the Executive Order I have issued. 

BARACK OBAMA.

THE W

f 

HITE HOUSE, July 30, 2012. 

RECESS 

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the Chair 

declares the House in recess for a period of less than 15 minutes. 

Accordingly (at 5 o’clock and 31 minutes p.m.), the House stood in recess. 

f 

b 1745 

AFTER RECESS 

The recess having expired, the House 

was called to order by the Speaker pro 

tempore (Mr. POE of Texas) at 5 o’clock 

and 45 minutes p.m. 

f 

DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT 

Mr. FRANKS of Arizona. Mr. Speaker, I move to suspend the rules and 

pass the bill (H.R. 3803) to amend title 

18, United States Code, to protect paincapable unborn children in the District 

of Columbia, and for other purposes, as 

amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3803 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘District of Columbia Pain-Capable Unborn Child Protection 

Act’’. 

SEC. 2. LEGISLATIVE FINDINGS. 

Congress finds and declares the following: 

(1) Pain receptors (nociceptors) are present 

throughout the unborn child’s entire body and 

nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 

weeks after fertilization. 

(2) By 8 weeks after fertilization, the unborn 

child reacts to touch. After 20 weeks, the unborn 

child reacts to stimuli that would be recognized 

as painful if applied to an adult human, for example, by recoiling. 

(3) In the unborn child, application of such 

painful stimuli is associated with significant increases in stress hormones known as the stress 

response. 

(4) Subjection to such painful stimuli is associated with long-term harmful 

neurodevelopmental effects, such as altered pain 

sensitivity and, possibly, emotional, behavioral, 

and learning disabilities later in life. 

(5) For the purposes of surgery on unborn 

children, fetal anesthesia is routinely administered and is associated with a decrease in stress 

hormones compared to their level when painful 

stimuli are applied without such anesthesia. 

(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy 

than 20 weeks after fertilization predominately 

rests on the assumption that the ability to experience pain depends on the cerebral cortex and 

requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a 

functioning cortex is not necessary to experience 

pain. 

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless 

experience pain. 

(8) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not 

alter pain perception, while stimulation or ablation of the thalamus does. 

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different 

neural elements available at specific times during development, such as the subcortical plate, 

to fulfill the role of pain processing. 

(10) The position, asserted by some commentators, that the unborn child remains in a comalike sleep state that precludes the unborn child 

experiencing pain is inconsistent with the documented reaction of unborn children to painful 

stimuli and with the experience of fetal surgeons 

who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from engaging in vigorous movement 

in reaction to invasive surgery. 

(11) Consequently, there is substantial medical 

evidence that an unborn child is capable of experiencing pain at least by 20 weeks after fertilization, if not earlier. 

(12) It is the purpose of the Congress to assert 

a compelling governmental interest in protecting 

the lives of unborn children from the stage at 

which substantial medical evidence indicates 

that they are capable of feeling pain. 

(13) The compelling governmental interest in 

protecting the lives of unborn children from the 

stage at which substantial medical evidence indicates that they are capable of feeling pain is 

intended to be separate from and independent of 

the compelling governmental interest in protecting the lives of unborn children from the 

stage of viability, and neither governmental interest is intended to replace the other. 

(14) The District Council of the District of Columbia, operating under authority delegated by 

Congress, repealed the entire District law limiting abortions, effective April 29, 2004, so that 

in the District of Columbia, abortion is now 

legal, for any reason, until the moment of birth. 

(15) Article I, section 8 of the Constitution of 

the United States of America provides that the 

Congress shall ‘‘exercise exclusive Legislation in 

all Cases whatsoever’’ over the District established as the seat of government of the United 

States, now known as the District of Columbia. 

The constitutional responsibility for the protection of pain-capable unborn children within the 

Federal District resides with the Congress. 

SEC. 3. DISTRICT OF COLUMBIA PAIN-CAPABLE 

UNBORN CHILD PROTECTION. 

(a) IN GENERAL.—Chapter 74 of title 18, 

United States Code, is amended by inserting 

after section 1531 the following: 

‘‘§ 1532. District of Columbia pain-capable unborn child protection 

‘‘(a) UNLAWFUL CONDUCT.—Notwithstanding 

any other provision of law, including any legislation of the District of Columbia under authority delegated by Congress, it shall be unlawful 

for any person to perform an abortion within 

the District of Columbia, or attempt to do so, 

unless in conformity with the requirements set 

forth in subsection (b). 

‘‘(b) REQUIREMENTS FOR ABORTIONS.— 

‘‘(1) The physician performing or attempting 

the abortion shall first make a determination of 

the probable post-fertilization age of the unborn 

child or reasonably rely upon such a determination made by another physician. In making such 

a determination, the physician shall make such 

inquiries of the pregnant woman and perform or 

cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the 

medical conditions involved, would consider 

necessary to make an accurate determination of 

post-fertilization age. 

‘‘(2)(A) Except as provided in subparagraph 

(B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as 


smartinez on DSK6TPTVN1PROD with HOUSE